RAM BIHARI Vs. STATE OF M P

JUDGEMENT

(1.) Being aggrieved by the non-regislration of the complaint under Section 156(3) of the Criminal Procedure Code for offence under Sections 294, 342, 506-II, 120-B, 452, 323, 307, 395, 365, 386, 387 of the India Penal Code as also under Section 25/27 of the Arms Act by the respondents in spite of orders passed by the Chief Judicial Magistrate, Katni. Petitioner Ram Bihari Gautam has filed the present petition.

(2.) From the narration of the brief facts, it appears that there has been inter-rivalry between two factions the petitioner and one Vikas Gupta regarding the filling of tender forms for construction of the trauma unit of a hospital. That the rivalry has also led to filing of report before the police prior to the incident mentioned in the petition. The incident under reference was when the petitioner was allegedly assaulted by Vikas Gupta alongwith the one Raju Yadav and Ors.. The First Information Report lodged by the petitioner Rambihari Gautam did not bear fruit and no action was taken due to the alleged political interference and influence of the accused persons.

(3.) In the present petition, the petitioner filed complaint under Section 190 of the Criminal Procedure Code for offence under Sections 294, 342 etc. (mentioned above). The Chief Judicial Magistrate, Katni by order dated 9-6-2005 directed the Station House Officer, Police Station Katni to register the complaint under Section 156(3) of the Criminal Procedure Code and investigate the same (Annexure P-3). That despite the order, the respondents have failed to register the First Information Report or the final report under Section 173 of the Criminal Procedure Code. The respondents are deliberately dillydallying the filing and registering of the complaint hence the present petition.